Suresh Sao @ Suresh Prasad And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28038 of 2016 Arising Out of PS.Case No. -2285 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================
1. Suresh Sao @ Suresh Prasad, son of late Faudari Sao
2. Rani Devi, wife of Suresh Sao@ Suresh Prasad
3. Ajay Prasad @ Ajay Kumar, son of Suresh Sao @ Suresh Prasad
4. Raj Kumar @ Raja Kumar, son of Suresh Sao @ Suresh Sao @ Suresh Prasad .... .... Petitioner/s
Versus
1. State of Bihar
2. Ranju Devi, wife of Sunil Prasad, daughter of Sonu Sao .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Basic accusation is of torture for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the complainant. The daughter of petitioner nos. 1 and 2 got married
Patna High Court Cr.Misc. No.28038 of 2016 (2) dt.05-07-2016 2/2 with the brother of the complainant. After marriage the daughter of the petitioner nos. 1 and 2 subjected to torture for which she filed Complaint Case No.330 C/2013. Petitioner no.1 has also filed Complaint Case No.540C/2013 against the complainant's side wherein process has been directed to be issued after cognizance being taken against the complainant under sections 323, 341, 427, 380, 506, 325/34 of the Indian Penal Code. Hence, as retaliatory measure the present complaint has been filed. The accusation is omnibus and general against the entire in-laws family including the petitioners.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya, in connection with Complaint Case No.2285/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T